IHSA Advisory Committee Meeting Minutes - 2007-08
equity Advisory Committee
April 24, 2008
The Equity Advisory Committee met on Thursday April 24, 2008 at the IHSA Office beginning at 10:00 am. Members of the committee in attendance were Dartha Hoskins, Chicago (Lincoln Park); Lynn Gaziano, Arlington Heights (St. Viator); Claudia Geocaris, Darien (Hinsdale South); Diane Pettet, Peoria (Richwoods); and Sally Walker, Urbana (University). IHSA Assistant Executive Director Susan Hinrichsen was also in attendance. Not attending the meeting were Kathy Cihlar, Manito (Midwest Central) and Karen Missey, Madison.
Administrative Recommendations:
1. Non-discrimination Policy: The committee is finalizing a nondiscrimination policy and reporting procedure plan to be recommended for implementation in the IHSA state series. The committee recognizes that IHSA supports eliminating sexual, cultural, racial discrimination during its state series. This policy would address improper conduct that falls under IHSA tournament and “watch”. Because the law requires that there are assurances of nondiscrimination in place through policies and procedures this would address that requirement.
2. Is good enough good enough? Becky McNichols from the National Women’s Law office indicates that high school sports will be the next to be challenged for being out of compliance with Title IX. She reported to the NFHS Equity committee that of the 416 OCR reports filed this past year, 317 are reports on grades K-12 of which 60% of the issues are over facilities, schedules and equipment, coaching and publicity and 30% reports are on opportunities to participate. The committee recommends that the NFHS Gender Equity Points of Emphasis be placed in the IHSA Equity Center for schools to use to review their programs.
3. Officials: The committee heard a report of a Kansas high school refusing to let a female official officiate a boy’s basketball game. The rationale for this decision was that women could not be put in a position of authority over boys. The Kansas State Association got involved and offered a position statement to its membership supporting the official. Considering that the number of female officials in Illinois is under 10% it may be the time for us to solicit feedback from our female officials as to why they officiate. The committee recommends using the NCAA survey and modifying it for IHSA officials.
Items of General Discussion:
1. Disabled Athletes: Maryland General Assembly passed a bill this April requiring Boards of Education to allow students with disabilities to have equal opportunity to participate in PE programs and be on mainstream athletic teams. The bill was called the Fitness and Athletic Equity for Students with Disabilities Act. The committee reviewed the opportunities that are being offered and discussed those that were being explored. Currently the IHSA offers wheel chair basketball camp and a state final. The new bass fishing tournament will offer opportunities for disabled students. Track and field and bowling opportunities are also being studied.
2. Title IX Lawsuit: Michigan High School Athletic Association lost its Title IX Lawsuit battle over moving some of their girls’ sports season into a preferred season. Michigan was fighting not to move their seasons while a parent group was fighting for them to be placed in preferred traditional season. IHSA has been following this case for the last few years. During that time we have assessed our own sport seasons based on the factors identified in the lawsuit. Ultimately MHSAA lost the lawsuit and the courts awarded 7.4 million dollars to the parent group and their attorneys. In an April 10 press release MHSAA was looking to file bankruptcy. During the time when the lawsuit was filed (2002) there were several other states with girls’ sports seasons placed in nontraditional seasons. They opted to move their sport seasons instead of fight.
3. Retaliation Lawsuits: In July 2007 a jury awarded 5.85 million dollars to the womens’ volleyball coach from Fresno State University. At the heart of the issue was a ruling that Fresno State retaliated against the coach who continued to complain about inequities in the womens’ program. The jury not only agreed but also awarded an additional 1.75 million more than what was asked for in damages.
The committee also reviewed 5 other court cases that involved retaliation and the conclusion drawn from the lawsuits. The 5 ruling said that:
1) Retaliation in any form is prohibited not only for direct victims of sex discrimination in educational settings but also against individuals who complain.
2) Inaction by a district constitutes retaliation because people are harmed based on deliberate inaction.
3) Players have protection against retaliations implied in Title IX.
4) Deliberate indifference which allows for harassment to continue can rise to the level of retaliatory behavior.
5) Deliberate indifference to sexual harassment even if perpetrated by the same gender rises to the level of retaliatory behavior.
4. Where Do I Play: The committee reviewed a presentation from California State Association on issues related to the participation of transgender and transsexual students in interscholastic athletics? At issue is the question, “Should a boy who identifies as a female and vice versa be able to compete on the team they identify with?” The committee reviewed the International Olympic Committee, NCAA committee and the Washington State Associations policies on this matter.